Many people get involved in accidents on the job every day. This is why many companies possess worker’s compensation so that their employees can still be able to pay bills and buy groceries while they are injured. But what happens if you get fired as a result of simply trying to get the worker’s compensation that you need.
In the case of Best Formed Plastics, LLC and Stewart v. Shoun, Shoun suffered a shoulder injury while he was at work and would file a worker’s compensation claim shortly after. He would later get terminated from his job. He sued his employer Best Formed Plastics and Janes, one of its owners, for retaliatory discharge, defamation, and invasion of privacy by false light, claiming among other things, that he was fired for filing a worker’s compensation claim. After a trial, the jury found a verdict in Shoun’s favor on retaliatory discharge and invasion of privacy claims and awarded him $412,680 in compensatory and punitive damages. Best Formed Plastics and Jane would appeal claiming that the trial court erred as a matter of law in entering judgment for retaliatory discharge. They also tried to argue that the trial court abused its discretion in refusing certain jury instructions and tried to claim error regarding the damages awards. The Court of Appeals found no error or abuse of discretion and affirmed the findings of the jury.
If you or a loved one have been affected by an accident or death at work, contact an experienced worker’s compensation lawyer at Hurst Limontes, LLC. We have decades of combined experience fighting for our clients in any number of personal injury claims. Call 317-636-0808 or email us for a FREE and confidential consultation.